[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Pages 6130-6131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01771]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-796]
Certain Electronic Digital Media Devices and Components Thereof:
Commission Determination To Review a Final Initial Determination
Finding a Violation of Section 337; Remand-in-Part of the Investigation
to the Administrative Law Judge
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in its entirety the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on October 24, 2012, finding a violation of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this
investigation. The Commission has also determined to remand-in-part the
investigation to the ALJ.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on August 5, 2011, based on a complaint filed by Apple Inc. (``Apple'')
of Cupertino, California. 76 FR 47610 (Aug. 5, 2011). The complaint
alleges violations of section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain electronic digital media devices and components
thereof by reason of infringement of certain claims of U.S. Patent Nos.
7,479,949
[[Page 6131]]
(``the '949 patent''); RE 41,922 (``the '922 patent''); 7,863,533
(``the '533 patent''); 7,789,697 (``the '697 patent''); 7,912,501
(``the '501 patent''); D558,757 (``the D'757 patent''); and D618,678
(``the D'678 patent'') (collectively, ``the Asserted Patents''). The
complaint further alleges the existence of a domestic industry. The
respondents named in the Commission's notice of investigation are
Samsung Electronics Co, Ltd. of Korea; Samsung Electronics America,
Inc. of Ridgefield Park, New Jersey; and Samsung Telecommunications
America, LLC of Richardson, Texas (collectively, ``Samsung''). A
Commission investigative attorney (``IA'') participated in the
investigation.
On May 3, 2012, the ALJ issued an ID partially terminating the
investigation with respect to all claims of the '533 patent; claims 1-
3, 11, 12, 15, 16 and 21-27 of the '697 patent; and claim 3 of the '949
patent (Order No. 17) (not reviewed by the Commission, May 3, 2012).
On October 24, 2012, the ALJ issued his final ID in this
investigation finding a violation of section 337 in connection with the
claim of the D'678 patent; claims 1, 4-6 and 10-20 of the '949 patent;
claims 29, 30 and 33-35 of the '922 patent; and claims 1-4 and 8 of the
'501 patent. The ALJ found no violation of section 337 in connection
with the claim of the D'757 patent; claims 31 and 32 of the '922
patent; and claims 13 and 14 of the '697 patent. The ALJ also found
that the asserted claims of the Asserted Patents were not shown to be
invalid. The ALJ further found that a domestic industry in the United
States exists that practices the Asserted Patents, except for the '697
patent. On November 7, 2012, the ALJ issued his recommended
determination on remedy and bonding.
Apple and Samsung filed timely petitions for review of various
portions of the final ID, as well as timely responses to the petitions.
The IA filed only a response to the petitions for review. On December
3, 2012, Apple and Samsung filed public interest comments pursuant to
Commission rule 210.50(a)(4). That same day, non-party Google filed
submissions in response to the Notice of Request for Statements on the
Public Interest. See 77 FR 68829-30 (Nov. 16, 2012).
Having examined the record of this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the final ID in its entirety.
The Commission does not seek further briefing at this time. Rather, the
Commission remands the investigation to the ALJ with respect to certain
issues related to the '922 patent and the '501 patent, as set forth in
the accompanying Remand Order.
In light of the remand, the ALJ shall set a new target date within
thirty days of this notice consistent with the Remand Order. The
current target date for this investigation is March 27, 2013.
Briefing, if any, on remanded and reviewed issues, and on remedy,
bonding, and the public interest will follow Commission consideration
of the remand ID.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in sections 210.42-46 of the Commission's Rules of Practice and
Procedure (19 CFR 210.42-46).
By order of the Commission.
Issued: January 23, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-01771 Filed 1-28-13; 8:45 am]
BILLING CODE 7020-02-P